Harris v. State

ON REHEARING

BOWEN, W. SIMMONS, Retired Circuit Judge.

We again refer to the testimony of Officer Phillips who testified that defendant’s *868aunt came to the residence being searched for narcotics and asked in defendant’s presence what they were doing in her nephew’s house.

Assuming arguendo that defendant’s objection to this evidence was general and included a hearsay ground, we hold that the adverse ruling of the court to this objection was free of error. We held in Davis v. State, Ala.Cr.App., 331 So.2d 813, that “Incriminating statements (as here) made to officers in the presence of the…